Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not inclined to enlarge the petitioner on bail.
Summary
Manish Kumar was arrested on 22 May 2025 in connection with a case alleging that he gave poison to the informant’s daughter, resulting in her death. The petitioner, claiming a clean record and that the allegations were fabricated, sought bail, arguing that the deceased had consumed poison herself. The State opposed bail, relying on the FIR, post‑mortem and forensic laboratory reports, and noting ante‑mortem injuries on the deceased that supported the prosecution’s version. The court examined the material evidence and the seriousness of the offence under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. Concluding that the circumstances did not warrant release, the judge refused the bail application. Consequently, the petitioner remains in judicial custody.
Issues considered
- Whether bail should be granted to the accused in a case of alleged homicide by poisoning under Sections 80(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 80(2)
Subjects
- bail
- murder
- poisoning
- criminal procedure
- Bharatiya Nyay Sanhita
- post‑mortem report
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6263 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- KADIRGANJ District- Patna
======================================================
Manish Kumar S/O Awadhesh Prasad Resident of Village- Daulatpur, PS-
Kadirganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 10-04-2026 Heard Mr. Sheonandan Pandit, learned counsel for
the petitioner and Mr. Narendra Kumar Singh,learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
22.05.2025 in connection with Kadirganj P.S. Case No. 89 of
2025, FIR dated 20.05.2025 registered for the offence under
Section 80(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the
informant’s daughter was made to consume poison by the
petitioner due to which informant’s daughter died during
treatment.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has been
made accused in this case merely on the basis that he is the
Patna High Court CR. MISC. No.6263 of 2026(4) dt.10-04-2026
2/2
husband of the deceased. He further submits that the allegation
as alleged in the F.I.R. is false and fabricated and the petitioner
has not committed any offences as alleged in the F.I.R. Infact
the deceased consumed poison herself and the petitioner is
rotting in judicial custody since 22.05.2025.
5. Learned A.P.P. for the State on the basis of
materials available on record has opposed the prayet of bail of
the petitioner and submits that as per allegation, the petitioner
had given poison to the deceased and the deceased had informed
the same to the informant and post-mortem report as well as
FSL report also confirms the allegations as alleged in the FIR
and apart from that number of ante-mortem injuries were found
on the person of deceased.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Kadirganj P.S. Case No. 89 of 2025, pending in
the Court of Additional Sessions Judge-1st, Masaurhi, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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